“I call your Honor’s attention,” he went on, “to the fact that in the lower left-hand corner of this check there is a peculiar triangular point of paper adhering to the body of the check. In other words, the check was torn out of a checkbook along a line of perforations, but at the extreme bottom of the check the line of cleavage left the perforations, and a small triangular tongue of paper is adhering to the check.”
Medford said sarcastically, “That happens about half of the time when
“I think counsel doesn’t get the significance,” Mason interrupted. “If the Court will notice the checkbook which has been introduced in evidence, and which has the stub showing an amount of one thousand dollars, and the name ‘Tom’ and then the three letters ‘G-r-i’, the Court will notice that in the lower
Medford’s face showed consternation.
“Let’s see that check,” Judge Summerville said abruptly.
Mason said, “May I suggest, your Honor, that the check be handled very carefully and only by one corner so that if there
“Quite right. Quite right,” Judge Summerville said.
Mason, holding the check by one corner carried it up to Judge Summerville’s desk. Judge Summerville took the checkbook which had been introduced in evidence from the clerk of the court, and while Medford and Mason leaned over his shoulders, the judge carefully placed the check against the perforations of the checkbook. There was no mistaking the keen interest on the judge’s face.
“It fits,” he said in a tone of finality. “That’s the check.”
“Of course,” Medford started to protest, “that merely means...”
“It means that there is less than one chance in ten million that the jagged, irregular lines of that torn piece of paper would coincide with the place which was torn from the check stub unless that was the check that was torn from the book,” Judge Summerville said sharply.
“Therefore,” Mason interposed, “we are faced with a situation where the decedent evidently started to fill out the stub of a check showing a payment made to Tom Gridley of one thousand dollars, but tore the check which was attached to that stub out of the book and placed it within the leaves of this magazine. It is, therefore, quite apparent that the decedent never intended to fill out the check, but only to fill out a check stub, leaving it to appear that he had made a check to Tom Gridley.”
“What would be the object in doing that?” Judge Summerville asked Mason.
Mason smiled. “At the moment, your Honor, the prosecution is putting on its case, and I will therefore leave the answering of that question to the prosecution. When the defendant puts on her case, she will endeavor to explain any evidence that she introduces. And in the meantime, I suggest that the prosecution explain the evidence it introduces.”
“I haven’t introduced it,” Medford said testily.
“Well, you should have,” Judge Summerville told him sharply, “and the evidence is going to be introduced if the Court has to do it on its own motion. But first we’re going to turn that over to a fingerprint expert and see whether any latent fingerprints can be developed.”
“I would suggest,” Mason said, “that the Court appoint its own expert. Not that the police are at all incapable, but they may be somewhat biased.”
“The Court
There was just enough accent on the words “which may remain” to make it apparent that Judge Summerville was expressing judicial irritation that the evidence had not been given proper consideration by the police at a time when there would have been a chance of developing latent fingerprints.
Judge Summerville retired with dignity to his chambers and left Medford free to engage in a whispered conference with Sergeant Dorset and Lieutenant Tragg. Dorset, quite plainly, was angry and irritated. But Tragg was puzzled and cautious.
Della Street and Paul Drake came up to stand beside Mason.
“Looks like a break, Perry,” Drake said.
“It’s about time,” Mason told him. “It certainly has been a hoodooed case.”
“But what does it mean, Perry?”